| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 07/31/2017) |
|
|
|
|---|---|
| SERIAL NUMBER | 86573685 |
| LAW OFFICE ASSIGNED | LAW OFFICE 105 |
| MARK SECTION | |
| MARK | http://tmng-al.uspto.gov/resting2/api/img/86573685/large |
| LITERAL ELEMENT | SCRAT |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) | |
|
Applicant Twentieth Century Fox Film Corporation (“Applicant”) has carefully reviewed the Office Action dated June 18, 2015, which provisionally refused registration of the SCRAT trademark underlying U.S. Application Serial No. 86573685 (“Application”) due to an alleged likelihood of confusion with U.S. Supplemental Reg. No. 4,159,256 (“Cited Registration”), owned by Ivy Silberstein. Applicant responds by requesting a suspension of action on the Application.
Applicant requests suspension of the Application because a cancellation proceeding against the Cited Registration is pending before the Trademark Trial and Appeal Board (“Board”). Applicant initiated a cancellation proceeding against the Cited Registration. A copy of the confirmation receipt provided by the Board for the Petition for Cancellation is attached as Exhibit A[1]. Pursuant to 37 C.F.R. § 2.67 and as expressly contemplated by TMEP § 716.02(a), suspension is warranted. Applicant also understands that initiating the cancellation proceeding constitutes a proper response to the Section 2(d) refusal. See TMEP § 716.02(a).
Having addressed all issues raised in the Office Action, Applicant requests that further action on the Application be suspended.
[1] The cancellation proceeding has not yet been assigned a proceeding number by the Board.
|
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_21620522411-20151217184905549512_._1_ESTTA._Petition_for_Cancellation._confirmationpdf.pdf |
| CONVERTED PDF FILE(S)
(3 pages) | \\TICRS\EXPORT16\IMAGEOUT16\865\736\86573685\xml4\ROA0002.JPG |
| \\TICRS\EXPORT16\IMAGEOUT16\865\736\86573685\xml4\ROA0003.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\865\736\86573685\xml4\ROA0004.JPG | |
| DESCRIPTION OF EVIDENCE FILE | Exhibit A |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Tina M. Pompey/ |
| SIGNATORY'S NAME | Tina M. Pompey |
| SIGNATORY'S POSITION | Attorney for Applicant (CA Bar Member) |
| SIGNATORY'S PHONE NUMBER | (310) 369-7630 |
| DATE SIGNED | 12/17/2015 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Dec 17 19:45:46 EST 2015 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XX- 20151217194546975517-8657 3685-5509cd755b15746b3bba ee042c4d8b663fcbe9541a3a4 30b42c2560acc78ce2aa-N/A- N/A-20151217184905549512 |
| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 07/31/2017) |
Applicant Twentieth Century Fox Film Corporation (“Applicant”) has carefully reviewed the Office Action dated June 18, 2015, which provisionally refused registration of the SCRAT trademark underlying U.S. Application Serial No. 86573685 (“Application”) due to an alleged likelihood of confusion with U.S. Supplemental Reg. No. 4,159,256 (“Cited Registration”), owned by Ivy Silberstein. Applicant responds by requesting a suspension of action on the Application.
Applicant requests suspension of the Application because a cancellation proceeding against the Cited Registration is pending before the Trademark Trial and Appeal Board (“Board”). Applicant initiated a cancellation proceeding against the Cited Registration. A copy of the confirmation receipt provided by the Board for the Petition for Cancellation is attached as Exhibit A[1]. Pursuant to 37 C.F.R. § 2.67 and as expressly contemplated by TMEP § 716.02(a), suspension is warranted. Applicant also understands that initiating the cancellation proceeding constitutes a proper response to the Section 2(d) refusal. See TMEP § 716.02(a).
Having addressed all issues raised in the Office Action, Applicant requests that further action on the Application be suspended.
[1] The cancellation proceeding has not yet been assigned a proceeding number by the Board.